IN THE TRIAL CHAMBER
Before: Judge Adolphus G. Karibi-Whyte, Presiding
Judge Elizabeth Odio Benito
Judge Saad Saood Jan
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 16 January 1998
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER ON PROSECUTION MOTION TO DISMISS COUNTS 40 AND 41 _____________________________________________________________
The Office of the Prosecutor:
Mr. Grant Niemann
Ms. Teresa McHenry
Mr. Giuliano Turone
Counsel for the Accused:
Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene OSullivan, for Zejnil Delalic
Mr. Zeljko Olujic, Mr. Michael Greaves, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Mr. John Ackerman, Ms. Cynthia McMurrey, for Esad Landzo
THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("International Tribunal");
BEING SEISED of a motion of the Office of the Prosecutor to dismiss counts 40 and 41 of the indictment, dated 20 November 1997 (Official Record at Registry Page D 5321 - D 5320) ("Motion");
NOTING that the defendant Mr. Delic during the trial proceedings on 3 December 1997 declared that he has no objection to the Motion;
CONSIDERING Rule 54 of the Rules of Procedure and Evidence of the International Tribunal, which empowers the Trial Chamber, at the request of either party, to issue such orders as may be necessary for the preparation or conduct of the trial;
FOR THE FORGOING REASONS;
HEREBY GRANTS THE MOTION.
Done in both English and French, the English text being authoritative.
Adolphus Godwin Karibi-Whyte
Dated this sixteenth day of January 1998
At The Hague,
[Seal of the Tribunal]